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HomeMy WebLinkAboutSOUTHAMPTON SUBDIVISION, SECTION TWO_ DEEDS OF DEDICATION (2), MAINTENANCE AGREEMENT (2), AND ROAD RESOLUTIONS (2) I'' v Book 01543:0457 Augusta-Richmond County } 2016034098 08/05/2016 11:05:10.00 $0.00 AGREEMENT In II 111111111111111 1111111111111111111 2016034098 Augusta-Richmond County Augusta Law Department Attn: Wayne Brown,Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA ) COUNTY OF RICHMOND ) DEED OF DEDICATION THIS INDENTURE, made and entered into this ,L16 day of 3U vl'e , 2016, by and between COEL DEVELOPMENT CO., INC., a Georgia company, hereinafter referred to as the Party of the FIRST PART, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta Commission, hereinafter referred to as the Party of the SECOND PART. WITNESSETH: THAT the said Party of the FIRST PART, for and in consideration of the sum of One Dollar ($1.00) in cash to it in hand paid by the Party of the SECOND PART, the receipt of which is hereby acknowledged, at and/or before the sealing and delivery of these presents, and other good and valuable considerations, has granted, bargained, sold, released, conveyed and confirmed and by these presents does grant, bargain, sell, release, convey and confirm unto the said Party of the SECOND PART, its successors and assigns, the following described property, to-wit: All right, title and interest of the parties of the FIRST PART in and to the storm sewerage system as the same are now located within deeded 60' R/W and existing as shown and delineated on a plat of SOUTHAMPTON SECTION 2, as prepared by Southern Partners, Inc., dated July 7, 2015 and revised August 19, 2015 as recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet E , Slide 18 , Plat F and in Book 11, Pages 152; reference being hereby made to said plat for a more complete and accurate description as to the metes, courses, bounds, dimensions and location of said property. TOGETHER with all of the necessary rights of ingress and egress for the purpose of maintaining the described storm sewerage system. *'• ' # Book 01543:0458 Augusta- Richmond County 2016034098 08/05/2016 11:05.10.00 TOGETHER WITH: All that lot or parcel of land shown and designated as Ardwick Drive. - 60' R/W and Ashton Drive — 60' R/W on that plat of Southampton Section 2, as prepared by Southern Partners, Inc., dated July 7, 2015 and revised August 19, 2015, as recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet E, Slide 18, Plat F and in Book 11, Pages 152, reference being hereby made to said plat for a more complete and accurate description as to the metes, courses, bounds, dimensions and location of said property, and TOGETHER with an easement to enter upon all areas shown as water system easements, drainage and utility easements shown on said plat. TO HAVE AND TO HOLD SAID roads and easements together with all and singular, the rights, members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only proper use, benefit and behoof of the said party of the SECOND PART, its successors and assigns, forever in FEE SIMPLE. IN WITNESS WHEREOF, the said Party of the FIRST PART has caused these presents to be executed the day and year first above written as the date of these presents. SIGNED, SEALED AND DELIVERED COEL DEVELOPMEN CO., INC. in our presence: Q / 1), By' t ss As its: 131/441A-flj--"r- 0 it No yblic, Georgia XL, 800474.______ As its: V P My Commission Expires: 11) -I') ACCEPTED BY: A p AUGUSTA, GEORGIA . e4c �0 °®• Eli a aoy:04 . y3: •® � ;4 0 Its: N op�. IT':, :. :. a va.Vi " , OA a /����e w: �c ��//�jY or 'y* Qc�r *o r td i`' O f�C9`''''..4-t, ,,;•'� ttestr j,� /l, �' ��' r1,,.rad /I.�l/ _ ��®(G°�tea. •�% ,' I ': r .,0".6',/e : sic1ri 1 0 ��1� ,,,CC W • (S'N y ;) 0 i Filed in this office: { v Q'� ae..•.,,,04 Augusta- Richmond County i4/wit E0 ;(0 v '4°';''' g 08/05/2016 11:05:10.00 kim��ae ., Elaine C Johnson Clerk of Superior Court L kot,u4 Sskw ,,,.wrra,,:ra,,,,,,;:t4 4..,:s;t-r w.,--- Book 01543:0462 Augusta-Richmond County 2016034101 08/05/2016 11:05:11.01 $0.00 AGREEMENT 1111111 IIIII 11111 11111 11111 11III IIIII 11111 IIIII 11111 1N IIn 2016034101 Augusta-Richmond County Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION SOUTHAMPTON, SECTON 2 Utilities- Water and Gravity Sanitary Sewer (� THIS INDENTURE,made and entered into this i day ofU (.l h1° , 201 , between COEL DEVELOPMENT CO., INC.,hereinafter referred to as "DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,hereinafter referrer.':to as "AUGUSTA"; WHEREAS, DEVELOPER has developed Southampton, Section 2 subdivision and now wishes to deed the water and gravity sanitary sewer to AUGUSTA, for maintenan e and control; and WHEREAS, a Record Plat prepared by Southern Partners, Inc., dated July ;', 2015,revised July 17, 2015 and August 19, 2015, for Beazley Development Company, Inc., was recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 11, Page 152, and to which reference is hereby made for a more complete and accurate description as to the land herein described; and WHEREAS, AUGUSTA,by and through the Augusta-Richmond County Commission,has consented and agreed to accept and maintain said water and gravity sanit:ry sewerage pipelines; and WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its departments, shall maintain individual force mains, lift stations and/or grinder pumps and that said individual force mains, lift stations and/or grinder pumps shall remain private; NOW, THEREFORE Page 1 of 4 Book 01543:0463 Augusta- Richmond County 2016034101 08/05/2016 11:05;1101 WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and no/l00 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged and for the :urther consideration of the benefits to its property by the maintenance of said water and gravity sanitary sewerage pipelines, in Southampton, Section 2, by AUGUSTA, has and does by these pr+ sents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to- wit: Exclusive 20 foot easement(s) in perpetuity over the water and gravity sanitary sewerage pipelines, as shown on the aforementioned plat. Together with all of the necessary rights of ingress and egress for the purpose of maintaining,expanding,repairing,adding, constructing, installing, extending, operating, replacing, laying and relaying pipelines carrying and transporting Augusta's utilities services; along with the further right to stretch communication lines, or other lines, for the use of AUGUSTA,its assigns,representatives, agents, and designees,upon or under said land,within said easement,with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign this easement in whole or in part; and DEVELOPER does further agree that when construction or maintenance is necessary, AUGUSTA may dig such trenches in said property, as may be necessary for the project; to pile and store thereon the material excavated, and to haul and store pipe, suppli.!s and equipment connected with the construction and maintenance thereof, over, along, and acn:ss the said property, along with the free right of ingress and egress to and from said permanent easements for these purposes. DEVELOPER also grants AUGUSTA the right, but not the duty, to clear and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the right of free ingress and egress to and from said permanent easement for this purpose. DEVELOPER further agrees that no trees or other vegetation that may interfere with the constructing, laying, relaying, replacing, installing, adding, expanding, exte,riding, operating, repairing and maintaining of pipelines transporting and carrying utility service:; shall be planted on said easement(s) and that no buildings, structures, or other permanent improvements shall be erected, constructed, or maintained thereon; and, if such prohibited trees, vegetation, buildings structures, or other permanent structures (hereinafter referred to as "obstructions") are placed, built, planted within said permanent easements, such action will be considered a violation of this agreement and Augusta shall have the absolute ri;;ht to Page 2 of 4 • Book 01543:0464 Augusta-Richmond County 2016034101 08/05/2016 11:05:11 .01 TO HAVE AND TO HOLD said water and gravity sanitary sewerage pipe`.fines, together with all and singular,the rights,members, appurtenances thereof to the same being, belonging, or in anywise appertaining to the only proper use,benefit and behoof of AUGUSTA, its successors and assigns forever. AND DEVELOPER, its heirs, legal representatives, successors and assigns; will warrant and defend the right and title to the above described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and affixed its seal the day and year first above written. Signed, sealed and delivered in the presence of: COEL DEVELOPMENT CO., INC. -�w --`• By: SS (, L liPAs Its: N A e UBLIC i(t_ County, Georgia Attest: �9Y My Commission Expires: As its: Vii ) ' / � � 1 � (SEAL) ®9C !tat?E'p9 % •eee. t.9 �7 mho® oe file • ,#0 e • 1 0®i ®•® ®op��� /, e a • P ee:Fk13. Jaa•®'1"." Page 3 of 4 Book 01543:0465 Augusta-Richmond County 2016034101 08/05/2016 11.05:11 .01 ACCEPTED: �-} AUGUSTA, GEORGIA d • WITNES S/' // C •.L.� I As its May t: l d NOTARY PUBLI .Atte 1tI/4 � o� // , e'k r ✓ os n State of County fTC nb , ,-"m Q � ; ,,7) m My Commission Expires st o j 0 ,,c, e 1,0 i (Notary Seal) 00 c,°( EAL 96 ti *00t,atm My Commission Bcpires May 25,2019 GEORGt �40.447 04N•••••••• ` 1AcFgRt NectrNf3^' 6`r"C +fix'1 F3xseaa :,:s �„yy se /Mrik11,v souto!') \ i's••014,ftm Filed in this office: Augusta- Richmond County 08/05/2016 11:05:11.01 Elaine C Johnson Clerk of Superior Court Page 4 of 4 ( la•Ptr $0 00 AGREEMENT Augusta:051170i2chmond County 820o1o6k030411504230 80/40 56/6201 s 1 - 31111111111111111111 2016034102 Augusta-Richmond County Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT SOUTHAMPTON,SECTION 2 (Utility Water Distribution System and Gravity Sanitary Sewer System) r40 THIS AGREEMENT, entered into this 0(16. day of JUkt. 201X, by and between COEL DEVELOPMENT CO., INC., hereinafter referred to as the "DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA": WITNESSETH WHEREAS,the DEVELOPER has requested that AUGUSTA accept the water distribution s fstem and the gravity sanitary sewer system for the subdivision known as Southampton, Section 2, as shown by a Deed of Dedication,contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, with this document; and WHEREAS,AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those initallations and systems laid or installed in the subdivision,which AUGUSTA does accept by Deed,fora period of eig leen months; NOW,THEREFORE,in consideration of the premises,the expense previously incurred by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: (1) AUGUSTA accepts the gravity sanitary sewer system and water distribution s!fstem for the subdivision, respectively described in the Deed contemporaneously tendered herewith to the Auguata-Richmond County Commission. (2) The DEVELOPER agrees to maintain all the installations laid or installed in said ti ubdivision as described in said Deed for a period of eighteen months from the date of this agreement. (3) The DEVELOPER agrees that, if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the Deed due to failure or poor worl,manship, the DEVELOPER shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements,AUGUSTA shall notify the DEVELOPER and set forth in writing the items in need of repair. The DEVELOPER shall present,within fifteen business dE ys of the date of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time,as determined by AUGUSTA. 4 ' . ..!'Ifi.e- Book 01543:0467 Augusta- Richmond County 2016034102 08/05/2016 11 :05:11.02 (5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPEF: is unable to respond in a timely manner, AUGUSTA shall be authorized to erect barricades,traffic direction devices and such other temporary measures as are necessary to remedy the emergency nature of the problem at the DEVELOPER'S expense and allow the DEVELOPER time to make the needed repairs. (6) In the event the DEVELOPER fails to comply with the terms of this agreement,then':he CITY shall proceed to have the necessary corrective work done,and the DEVELOPER agrees to be responsible to AUGUSTA for payment, in full, of the costs of repairing the improvements due to failure of material or poor wc'kmanship as liquidated damages. IN WITNESS WHEREOF,the DEVELOPER has hereunto set its hand and seal and AUGUSTA has caused the execution of this agreement by and through its duly authorized officers and agents, with its seal a Ffixed, the day and year first above written. COEL DEVELOPMENT CO., INC. --....., By ,/,, .._ - 1, --i II r.ss via . Ai .1 'igrOre As Its: i NeigY • BLIC 'm — County, Georgia Attest: .. ."- ---1> / ---0)/2.--- AfylidtlintionAires: ) -)7-) 7 As its: \/`14) % A . ,,.. 0\to i,,,,e k ial tic .9 •e lkkjit,3 fag 14 0..„"J-„o"' AlttAwc.v..- AUGUSTA GEORGIA L/1'22W; id /229k2eelt/L4 By /7414..64% WITNESV 40, Hardie Davis, Jr. il.ahg• 44164/ s?w-Mayor ., o m a > -n NOTARY PUBLIC ' x- sac 0. r ...„.....,.....lik i teigykAP County, Georgia de° %CH M / 414- -, 0 -, 0 a n, My Commission Expires: 4st:tfile ,Ar 4'''AlbrzirfIV. i'.1./ \ "0 = ...... —• 4 • 4i7r • ' V • =. y •_, =' 1 0 : e:"C 1, ,-)P5:i !) '"4 I ° 0 0 co 3 0 (Notary Seal) I 0 vf : ' :..4,..%;:!-,: ; .,' % ' ;le C) My Commislon Expires May 25,2019 ll • i 41 -,;:. ,J . $ c b 0 ,G co eaix4V d' - 114' i A 111"1444. I 41=6% fi •°... .0- , ,1 , = [ iki Illa vs a* 49,0 : _41411), s 4i4lajzoRGt pg.,4,..s., .. o 4.0 4: imiziwww iir 4.00 () 9 puffr t.17 Lo.........- 1 $' 6.)... 4)414.100ND 9„-;0.% -,44itaselltS- Book 01543:0459 Augusta-Richmond County 2016034099 08/05/2016 11:05:10.01 $0.00 AGREEMENT 11111111111111111 11111 11111 11111 11111 11111 lull 1111 1111 2016034099 Augusta-Richmond County Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA ) MAINTENANCE AGREEMENT (Roads, Storm Sewer) COUNTY OF RICHMOND ) THIS AGREEMENT, entered into this ;Al day of YU, , 201& , by and between COEL DEVELOPMENT CO., INC. hereinafter referred to as "Developer," and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through its Commission, hereinafter referred to as"Augusta." WHEREAS, Developer requested that Augusta, accept a portion of road, named "Ardwick Dr." (60ft R/W), and "Ashton Dr." (60ft R/W), and appurtenances for Southampton Section 2, as shown by deed contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel , page , and WHEREAS, the City has adopted a policy requiring the Developer to maintain all installations laid or installed by Developer for a period of eighteen months, which Augusta accepts by deed; NOW, THEREFORE, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set out, IT IS AGREED that: (1) Augusta, Georgia, accepts the roads, storm sewer system within deeded 60' R/W and appurtenances, respectfully described in the deed contemporaneously tendered herewith to the Augusta, Georgia, Commission, recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel , page (2) The Developer agrees to maintain all the installations laid or installed in said development as described in said deed for a period of eighteen months from the date installation accepted by the Augusta. Commission and included in the Augusta, GA road system. - Book 01543:0460 Augusta- Richmond County 2016034099 08/05/2016 11:05:10.01 (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said development described in the deed due to failure of material, or poor workmanship, the Developer shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements, the City shall notify the Developer and set forth in writing the items in need of repair. The Developer shall present within fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time, as determined by Augusta. (5) In the event of an emergency, as determined by Augusta, the Developer is unable to respond in a timely manner, the City shall be authorized to erect barricades, traffic direction devices and such other temporary measures as are necessary to remedy the emergency nature of the problem at the Developer's expense and to allow the Developer time to make the needed repairs. (6) In the event the Developer fails to comply with the terms of this agreement, then Augusta shall proceed to have the necessary corrective work done, and the Developer agrees to be responsible to Augusta for payment in full of costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set his hand and seal, and Augusta has caused the execution of this agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. �,��,���, COEL DEVELOPMENT CO., INC. ATTEST:'cr � ��0"�1+ BY: eJ L.S.) .n WC4°) ����A 1q®•••ts' AS ITS:0 • • e�.,® • �/ —1PA.L„..11. li otary(3 %�s.. QIP e ei 4, vo. M .0 2:: 4:41 4#1 a . *C jrAUGUSTA, GEORGIA ..,,,-,,i-- 4-..7-7:-.- ---- --**---`-'-' l'i..:40 :,iii004,". _Th<A4.6:&1 G(O LTTE T: a '��� °��� 41". 41.„7As Its Mayor) q'Yetr 2►aivi clJ,TyY. '114 I 7406.1 Erer o-i,:'�c+rl"' g ` :9 0 g 0 .z o •r „t �w ) 0 Filed in this office: OA e" % e 1 ; i Augusta- Richmond County w co�' °0'1/4,1„.„,,,„„,4,0'e r 08/05/2016 11:05:10.01 , Elaine C Johnson Clerk of Superior Court Loti.iitki,"*4„..0".."tt,..„tly:,,ivote."4„,,,,,,...„ Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street Building 3000 SUBDIVISION: Southampton, Section Two Augusta, GA 30901-2374 RESOLUTION ADDING ROAD TO THE D AUGUSTA-RICHMOND COUNTY ROAD SYSTEM og WHEREAS, Ardwick Drive is an existing road in Richmond County, Georgia, open to Yo --U M_2 public usage; and N oC')_ E = ,--D- -.-E)E) WHEREAS, Augusta, Georgia desires to make Ardwick Drive a part of its County Road • ',5z--=-------- ,;, We r, System. 4- og D o• 0 =a NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, nod 8 M =M Georgia, that Ardwick Drive is hereby added to its official County Road System of Record, being yO 0.23 p (O 0 O (0 n 2 oN1=,?;�—N described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at western right of way of Ashton Drive Extending approx. 1,131' W and SW to existing Ardwick Dr. (b) Length of road to nearest 1/100th mile: 0.21 mile (c) Width&type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. �.;:- opted t ics cla of�]l.( ham' , 20/s . „M••'"'..."«�,g -y�.'� AUGUSTA, GEORGIA 0 ypc ye p• r Q T �to _k ik ofLpt I r '„ ii.„.,44,. Atte. - a„ 4.„„": _ A rj As Its Mayor) -i-car4,€ bcayoJ Tr-1 st:fA; >L/%/%j,%/' :0 s r- SI / • �6 r° /6 Filed in this office: t' 64: w Augusta- Richmond County "�"'° '�' 08/05/2016 11:05:11.00 Vit Elaine C Johnson Clerk of Superior Court Augusta Law Department Attn: Wayne Brown,Esq. 535 Telfair Street SUBDIVISION: Southampton, Section Two Building 3000 Augusta, GA 30901-2374 -1'SOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM >, WHEREAS, Ashton Drive is an existing road in Richmond County, Georgia, open to 0 c.) -0 public usage; and ? -g" WHEREAS, Augusta, Georgia desires to make Ashton Drive a part of its County Road 0 == 0 i ;--- ap_12 System. .(.p, in ,...= ,...0 c,v.,—_—_ c NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, 03 .6 Georgia, that Ashton Drive is hereby added to its official County Road System of Record, being co 00g-7< described as follows and as shown on the attached sketch map or plat showing the approximate alignment ,r) 0 TS (5; -t-m•-;)r- and location of said Road. 0 __-0 0 (DC)—CD o3o=5 co CA 69=C\I (a) Points of beginning and ending: Beginning at existing Ashton Drive Extending approx. 1,128' SE, S and SW (b) Length of road to nearest 1/100th mile: 0.21 mile (c) Width&type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. • _J-162- Ad9pted tht§ .,„„ day of j bt tile, ,20 lip . d 1 , I, i .40,-coct 1 NI dr)i '1„,talk, AUGUSTA, GEORGIA I 411/P li Ar ;0, ve at ••-.- e At. • „Kr,, ,› ''', P, ' BY: ' ,*.,, , „-i,' ", 7 $ z,,- ,j. As Its Mayor) tiqr-4 i.e bey i,/ s ,,, 01,-, Aft*/1 R f / ' .,ii 0• . . .h jot Filed in this office: ' 41 e°00a.mr.o.4'4" 1 Augusta- Richmond County , A , 08/05/2016 11:0511.03 1911444 .1:0;14tGit.ote gmrazoive.nea• Tr Elaine C Johnson A , ) Clerk of Superior Court —1_323E6.16,:isk.dbAtip.,-..y.ygr ,or